Labour Supply Agreement for Hong Kong

Labour Supply Agreement Template for Hong Kong

A comprehensive agreement governed by Hong Kong law that establishes the terms and conditions under which a labour supply company provides temporary or permanent workers to a client company. The document addresses key aspects including worker deployment, management responsibilities, compliance with Hong Kong employment laws, fee structures, and risk allocation. It ensures proper protection for all parties while maintaining compliance with Hong Kong's Employment Ordinance and related regulations, including provisions for workplace safety, mandatory benefits, and worker rights.

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What is a Labour Supply Agreement?

The Labour Supply Agreement is essential for businesses in Hong Kong that require flexible workforce solutions or specialized labor services. This agreement establishes the legal framework for worker provision arrangements, ensuring compliance with Hong Kong's employment laws and regulations. It is particularly crucial given Hong Kong's strict employment regulations and the need to clearly delineate responsibilities between labour suppliers and end-users of labour services. The document covers critical aspects such as worker rights, benefits, safety requirements, and liability allocation, while addressing specific requirements under Hong Kong's Employment Ordinance, Employees' Compensation Ordinance, and other relevant legislation. It is commonly used in industries with variable workforce needs or when companies require specialized skills without direct employment relationships.

What sections should be included in a Labour Supply Agreement?

1. Parties: Identification of the labour supply company and the client company, including full legal names and registered addresses

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Services: Detailed description of labour supply services to be provided, including types of workers, quantity, and service locations

5. Service Provider's Obligations: Key responsibilities of the labour supply company, including worker recruitment, verification, and management

6. Client's Obligations: Responsibilities of the client company, including workplace safety, supervision, and necessary facilities

7. Fees and Payment Terms: Pricing structure, payment schedule, and invoicing procedures

8. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

9. Compliance with Laws: Obligations to comply with relevant employment, safety, and labour laws

10. Insurance and Liability: Insurance requirements and allocation of risks between parties

11. Confidentiality: Protection of confidential information exchanged during the service provision

12. Dispute Resolution: Procedures for handling disputes between parties

13. Governing Law: Specification of Hong Kong law as governing law and jurisdiction

14. General Provisions: Standard boilerplate clauses including notices, entire agreement, and amendments

What sections are optional to include in a Labour Supply Agreement?

1. Immigration Compliance: Required when foreign workers are involved, detailing visa and work permit requirements

2. Data Protection: Detailed section needed when significant personal data processing is involved

3. Non-Solicitation: Added when there's a need to prevent direct hiring of supplied workers

4. Performance Metrics: Include when specific service levels or KPIs are required

5. Training Requirements: Required when specific training or certification needs must be met

6. Transition Services: Include when handover provisions are needed at contract end

7. Force Majeure: Detailed provisions for handling unforeseen circumstances

8. Intellectual Property: Required when workers may create or handle intellectual property

What schedules should be included in a Labour Supply Agreement?

1. Schedule 1 - Service Specifications: Detailed breakdown of services, including worker categories and quantities

2. Schedule 2 - Fee Schedule: Detailed pricing structure, including rates for different worker categories and any additional charges

3. Schedule 3 - Service Locations: List of approved work locations and any location-specific requirements

4. Schedule 4 - Key Personnel: Details of key management contacts from both parties

5. Schedule 5 - Required Qualifications: Specific qualifications, certifications, or experience required for different worker categories

6. Schedule 6 - Health and Safety Requirements: Specific workplace safety requirements and procedures

7. Appendix A - Standard Operating Procedures: Detailed procedures for worker deployment, replacement, and management

8. Appendix B - Compliance Checklist: Checklist of regulatory requirements and compliance measures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Publisher

Genie AI

Document Type

Termination Letter

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Construction

Manufacturing

Logistics and Warehousing

Hospitality

Retail

Information Technology

Healthcare

Facility Management

Events and Entertainment

Industrial Services

Mining

Agriculture

Food Processing

Port Operations

Building Maintenance

Relevant Teams

Human Resources

Legal

Procurement

Operations

Compliance

Risk Management

Project Management

Finance

Health and Safety

Facilities Management

Contract Administration

Labor Relations

Relevant Roles

Human Resources Director

Legal Counsel

Procurement Manager

Operations Director

Compliance Officer

Risk Manager

Project Manager

Facility Manager

Site Supervisor

Labor Relations Manager

Contract Administrator

Chief Financial Officer

HR Business Partner

Employment Law Specialist

Workforce Planning Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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